Cole, C. v. DEP; Apl of: Adelphia Gateway

Summary

The Supreme Court of Pennsylvania held that the Pennsylvania Environmental Hearing Board (EHB) may review Department of Environmental Protection (DEP) permit decisions made under the Clean Air Act and that the Natural Gas Act’s savings clause does not preempt that review. The Court reversed and remanded the Commonwealth Court’s order, affirming the EHB’s authority. It based its decision on the incorporation of the Clean Air Act into Pennsylvania’s State Implementation Plan and the anti‑implied‑preemption language of the NGA. The opinion also noted that the Third Circuit’s Transco decision aligns with this reasoning.